4th April 2008

Compensation Awarded to Gardener Injured at Work Because of Inadequate Inspections

Our client asked for our advice on whether he had a valid injury at work compensation claim after he sustained an injury whilst working as a gardener for his local council. He had worked for them for many years and was, at the time of his injury at work, engaged in grass cutting. The usual procedure was that two men would work in the same area, walking in opposite directions. They would each operate a mower, a very large petrol engine model, in front of them. In this way, they would cover the area more quickly.

On the day that the workplace accident happened, our client was approaching his colleague, and as they drew alongside, a sharp metal object flew out of his colleague’s mower, striking our client on the leg. On further inspection of the injury at his local hospital, it was found that the metal had penetrated his leg and passed straight through, exiting on the other side. He was treated for an open wound and although the wound did heal, he has been left with significant scarring at the site of the wound.

Initially it was thought that the work injury was caused by metal from the mower itself, but inspections found that there was no defect. It was later identified as part of a metal object discarded onto the verge. Prior to the start of the mowing, his employer had scheduled inspections to ensure the area was clear of such debris. It later emerged that the inspections had consisted of driving slowly past the area. As the grass was already six inches high, the Judge found that it was unreasonable to assume that this was sufficient to identify objects, such as the metal, which could be hidden in the long grass. A risk assessment carried out by the defendant, showed that there was a risk of any hidden objects being projected and causing injury. The Judge agreed with our client that a visual inspection of the grass should have been made.

Our specialist work injury lawyers issued court proceedings and, at trial, the Judge awarded our client £2,000 in compensation for his injuries in this work injury compensation claim.

Compensation Claim

Should you decide to instruct us to represent you in your claim, the person responsible for your accident will pay our legal fees, and our service will be cost-free for you. You will receive 100% of your compensation if you select Clear Answers to represent you in this matter. Our lawyers will be happy to provide you with expert legal advice, talk you through the claims process in plain English and answer any questions you may have regarding your claim.

Clear Answers’ lawyers have teams of specialists waiting to help you. We have extensive experience in all types of accident at work claims, whether it was the result of negligence on the part of your employer, or some other cause.

If you or a family member has been injured in these circumstances, please ring us on 0800 783 9019 and speak to one of our advisers. Alternatively, you may prefer to complete one of our online compensation claim forms and one of our representatives will contact you as quickly as possible.

back to news index